Perpetual copyright
From Wikipedia, the free encyclopedia
Perpetual copyright refers to a copyright which does not expire.
Contents |
[edit] Perpetual copyright around the world
[edit] Singapore
Pursuant to Section 197 of the Copyright Act, unpublished governmental literary, dramatic and musical works are under perpetual copyright, but once published, they are copyrighted for 70 years since their publications as Singapore does not grant perpetual copyright to published works.
[edit] United Kingdom
In the United Kingdom, a small number of works are subject to a copyright-like perpetual licensing regime. The regime is governed by letters patent issued under the royal prerogative. It is a common misconception that these works are perpetually under copyright. The works covered include those particularly associated with the Church of England, and by extension the British crown, including the Book of Common Prayer and the King James Version of the Bible. Only certain organisations are licensed to reproduce these works in the United Kingdom.
J. M. Barrie's book Peter Pan has a special provision ensuring royalties will be paid in perpetuity to Great Ormond Street Hospital. However this is not a perpetual copyright because the hospital does not retain creative control over the work.
In general, copyright on all works not having special legislation in their favour expires after a certain number years, usually dependent on the author's lifespan.
[edit] United States
In the United States, perpetual copyright is prohibited by the US Constitution, which provides that copyright must be for a limited term. However, it does not specify how long that term can be, and it has successively been extended by Congress. Some have argued that this recurring extension of the copyright term has created perpetual copyright de facto, but this argument has been rejected by the US Supreme Court in Eldred v. Ashcroft, which held that the term of copyright may be extended by Congress, so long as it is still a limited term.
